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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1974 Page 4 of about 88 results (0.086 seconds)

May 30 1974 (HC)

Hari Krishan Khosla (Decd.) and ors. Vs. the Union of India (Uoi) and ...

Court : Punjab and Haryana

Decided on : May-30-1974

Reported in : AIR1975P& H74

..... was later acquired by the central government under sub-section (1) of section 7 of the requisitioning end acquisition of immovable property act (30 of 1952) (hereinafter called the act) by publication of a notice to that effect in the punjab government official gazette, dated august 29, 1969 (annexure 'b'). the compensation payable to hari krishan khosla for the acquired land was determined ..... any rational nexus with the object to acquisition of property for a public purpose. it is apparent to the naked eye that the comparative provisions of the two acts (the 1952 act and the 1894 act) enable the state to give to one owner different treatment from another similarly situated owner and the one who is discriminated against in this respect is entitled ..... planning act (27 of 1955) were held by the supreme court to be intra vires in the state of gujarat v ..... , and the requisitioned land of another exactly similarly situated under the land acquisition act. thirdly, the cases cited by mr. kuldip singh (union of india v. kamalabai harjivandas parekh, air 1968 sc 377, and ballabhdas mathuradas lekhani v. municipal committee, malkapur, air 1970 sc 1002) are clearly distinguishable from the case in hand. sections 53 and 67 of the bombay town .....

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Aug 13 1974 (HC)

Ganganapalli Moorthanna Vs. Ganganapalli Chinna Ankiah and ors.

Court : Andhra Pradesh

Decided on : Aug-13-1974

Reported in : AIR1975AP97

..... sale by defendants 2 and 3 by issuing notices. later he committed volte-face and obviously with the intention of gaining two valuable houses in the municipal town entered into an exchange deed thereby getting at the trust properties. when it is argued that he cannot now turn round and say that there ..... result, it is said, there was no trust on her death to be carried out. exs. a-10 to a-12 which are extracts from the municipal property tax register are relied on to show that the houses were registered in the name of hussain miah. a registered agreement, ex. b-5 dated ..... that the settlor did not possess the power to create a settlement which he purported to create. following the above bombay decision a division bench of the punjab high court held in balkishan das v. parameswari dass, that :'there is nothing unusual in the properties of the shebait being held by the trustee, ..... of this exchange, the 1st defendant derived a benefit by getting the suit properties which are situated in the municipal town of proddatur. when he. in collaboration with the 4th defendant, was found to be acting contrary to the interests of the trust, he was removed from the office by the elders by resolution dated ..... we are supported in this view by observations of several decisions. we will start with two privy council decisions. in srinivasa moorthv v. venkata varada aivangar, (1911) ilr 34 mad 257 (pc) the son of the deceased was the executor and trustee named under the will and so also the sole residuary legatee. .....

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Dec 04 1974 (SC)

Ganpat Vs. Returning Officer and ors.

Court : Supreme Court of India

Decided on : Dec-04-1974

Reported in : AIR1975SC420; (1975)1SCC589; [1975]2SCR923

..... to look down upon the bengali muslims. till recently muslims, hindus and sikhs used to call them-selves as rajput muslims, rajput sikhs, muslim jatsvand hindu jats. because of the punjab legislation preventing alienation of agricultural land many muslims described themselves as agricultural tribes. at least in the south of india till recently there were churches where, places were separately reserved ..... any, in the notice of withdrawal (document no. 6) ?(c) can these notices be said to be legally tendered as required by section 37 of the representation of the people act, 1951 ?(d) if not, its effect (e) has the acceptance of the withdrawal of the respondent no. 11 materially changed the election results ?10. (a) are the respondents 2 and .....

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Aug 22 1974 (HC)

Addl. Commissioner of Income-tax, Gujarat Vs. Ahmedabad District Co-op ...

Court : Gujarat

Decided on : Aug-22-1974

Reported in : [1975]101ITR733(Guj)

..... on general banking business. for the assessment years 1966-67 to 1968-69, the income-tax officer while computing chargeable income allowed proportionate interest on investment, viz., government securities and municipal debentures in accordance with the board's instructions contained in circular letter f. no. (108)-62/tpl dated november 3, 1962. according to the said circular, it was enjoined ..... show this income in its return. 7. mr. justice kapur, speaking for the court, observed in his judgment after referring to the decision of the privy council with approval in punjab co-operative bank v. commissioner of income-tax and after distinguishing the cases cited on behalf of the revenue as under : 'in the instant case the co-operative society (the ..... interest on such securities is part of the business income of the co-operative society and, therefore, exempt under section 81(1) of the income-tax act, 1961, which section is applicable for the first two years under consideration. the learned additional commissioner, however, rejected the contention of the assessee on the ground that the government ..... , therefore, issued a notice to the assessee for all the three years under consideration to show cause why action should not be taken under section 263 of the income-tax act, 1961. the assessee filed its written explanation before the additional commissioner, contending, inter alia, that since securities and debentures formed part of the stock-in-trade, the income from .....

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Apr 24 1974 (HC)

Memon Adambhai Haji Ismail Vs. Bhaiya Ramdas Badiudas and ors.

Court : Gujarat

Decided on : Apr-24-1974

Reported in : AIR1975Guj54; (1974)GLR655

..... lah 439; munni devi v. puspalata mondal, (1967) 71 cal wn 282; ramayya v. venkatachellamma, : air1953mad834 ; balbhadar mal v. conar.r. of income tax, punjab, ; and mrs. achamma thomas v. e. r. fairman, air 1970 mys 77. the same view has been taken by j. b. mehta, in special civil ..... in our conclusion on the aforesaid points we are supported by the decisions in gopal raghunath v. krishan,3 bom lr 420; baluram v. bai pan2a9woba'i (1911) ilr 35 bom 213; appabhai motibhai v. laxmichand zaverchand and co., : air1954bom159 ; bai sbanta v. kbalas ramjibhai chhotalal, air 1.956 born 144; ..... e) a (f) to the section explain the said provisions. it is provided in illustration (e) that court may presume that judicial and official acts have been regularly performed. illustration (f) provides that the court may presume that the common course of business has been followed in particular cases. we ..... 4. it was then argued that ban unopened registered letter has been received back, by itself shows that section 27 of the general clauses act cannot come to any assistance or the said circumstance is sufficient evidence to rebut the presumption that arises under the said section. it was ..... made would be inadmissible and that cannot be the intention of the legislature especially when the legislature was enacting such vision in the general clauses act. whenever the legislature intends to make a statutory presumption as conclusive it ordinarily does specifically say so. it is, therefore, legitimate to hold .....

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Dec 12 1974 (HC)

Surjit Singh Vs. Pritam Singh

Court : Himachal Pradesh

Decided on : Dec-12-1974

..... tatachari, jj. (as they then were). in the opinion of the division bench there was not much of difference between the provisions of the bombay act and the punjab act and so, the decision in popatlal ratansey, (air 1958 bom 1) (supra) could not be distinguished as was done in baij nath (supra). besides ..... the absence of any similar accommodation in the locality, or because of the absence of any entry in the property tax assessment register of the municipal, town or notified area committee or cantonment board, the case would be different. what is not physically possibie to achieve cannot be enforced by ..... the tenant cannot operate res judicata.43. in 1966-68 pun lr 732 the learned judges were considering a case offixation of rent under the punjab act. the tenant had filed an application for fixation of fair rent. the same was dismissed because an agreement was reached between the parties and ..... months prior to the 1st january, 1939; and (b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause : (a) (provided that, notwithstanding anything ..... 12 months prior to january 1, 1939, and (b) the rental value of such building if entered in the property tax assessment register of the municipal, town or notified area committee or cantonment board, as the case may be, relating to the aforesaid period of 12 months. the fair rent .....

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Sep 05 1974 (HC)

Additional Commissioner of Income-tax, Gujarat Vs. Desai Bros.

Court : Gujarat

Decided on : Sep-05-1974

Reported in : [1977]108ITR14(Guj)

..... ) the bombay high court considered what is the difference between repairs and renewal and quoted with approval the following observation of lord justice buckley in lurcott v. wakely and wheeler [1911] 1 kb 905, : ''repair' and 'renew' are not words expressive of a clear contrast. repair always involves renewal; renewal of a part; of a subordinate part ..... repair is restoration ..... income-tax : [1956]30itr338(bom) , it is clear that deduction which the legislature has permitted under section 10(2)(v) (which is corresponding to section 31 of the 1961 act), is a deduction where the expenditure is revenue expenditure and not capital expenditure. it was further observed that in giving the meaning to the expression 'repair' the expenditure under clause ..... of replacement, according to the appellate assistant commissioner, was only a cost of repairs to the machinery and hence the claim was allowed under section 31 of the income-tax act, 1961. the appellate assistant commissioner distinguished the decision of the andhra pradesh high court in r. b. shreeram & company (p.) ltd. v. commissioner of income-tax : [1968]67itr428(ap) ..... , namely, clauses (iv), (v), (vi) and (via) of section 10(2) of the indian income-tax act, 1922, and having regard to the definition of the term 'machinery' adopted by the privy council in corporation of calcutta v. chairman, cossipore and chitpore municipality air 1922 pc 27, where it has been held that 'machinery' would mean some mechanical contrivances which by .....

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Mar 15 1974 (HC)

Ramchandra Maroti and ors. Vs. the Collector (Land Acquisition Officer ...

Court : Mumbai

Decided on : Mar-15-1974

Reported in : AIR1975Bom281

..... aspect of the matter was also considered by the supreme court in narain doss v. the improvement trust amritsar : air1972sc865 . while dealing with some what identical provisions of the punjab town improvement act, in the side decision it observe by the supreme court as order the basic question which , in our options, initially requires consideration is the nature of the right which ..... 4 of the act of whom not less than two shall be non-officials residing within the limits of the area to which the ..... a notice of the proposed acquisition is also served upon individual land owner under section 41 of the act itself. a draft scheme is also sent to the municipal corporation under section 40 of the act. thereafter, after considering the objections raised in this behalf and hearing all the persons making any such objections the trust has to apply to the state government ..... and its execution, was vested in a board called the nagpur improvement trust, section 4 of the act then provides for the constitution of the trust which includes a chairman, a chairman of the standing committee of the corporation, the chief executive officer of the municipal corporation one councilor of the corporation and four persons appointed under sub-section (2) of section .....

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Jul 23 1974 (HC)

U.P. State Road Transport Corporation, Lucknow Vs. State Transport App ...

Court : Allahabad

Decided on : Jul-23-1974

Reported in : AIR1975All154

..... retrospective effect to bind the past transactions. for the same reasons the law laid down in firm bengali mal v. sales tax officer (air 1958 all 478) (fb) and municipal corporation case (1970) 2 scc 280 = (air 1970 sc 1292) is not applicable to the present case. in those cases the validating provisions were found ineffective because the ..... in road transport business prior to 1951, therefore sections 19 and 20 of the 1955 act could not validate the earlier notifications or schemes issued or framed under the 1951 act. reliance was placed on sri prithvi cotton mills v. broach borough municipality (air 1970 sc 192) and municipal corpn. v. new shrock spg & wvg. co. ltd., 1970 (2) scc 2/80 = ..... also under challenge. the supreme court in northern india caterers (p.) ltd. v. state of punjab (air 1967 sc 1581) had declared the punjab public premises and land (eviction and rent recovery) act, 1959, void as section 5 of that act, practised discrimination and was thus violative of article 14 of the constitution. subsequently, the legislature enacted the public premises (eviction ..... of unauthorised occupants) act, 1971. section 20 of that act sought to validate the proceedings taken under the 1958 act with retrospective effect .....

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Oct 09 1974 (HC)

Naut Ram Vs. Union of India

Court : Delhi

Decided on : Oct-09-1974

Reported in : 1975RLR82

..... tyagi : (1970)illj32sc . the supreme court not only distinguished the above cases but referred to the decision of the privy council in francis v. municipal councillors 1962 3 all er 633 which related to a purported termination of contract of service. the contention that despite the dismissal, which was wrongful, the ..... employee permitted extension of the probationary period for an indefinite time and there was no service rule forbidding its extention beyond the maximum period. the concerned punjab educational (provincialised cadre) iii rules, 1961 rule 6(3), had forbidden the extension of the period of probation beyond three years : hence it ..... such a case that the officers probation was extended by implication. bachawat, j. writing for the supreme court, had referred in the state of punjab v. dharam singh 1968 s.l.r. 247 to some previous decisions of the court where it was held that an express order of confirmation ..... that the departmental enquiry was illegal and void. [para 8 onwards, judgment is :- (2) it was held by a full bench of the punjab high court in hand nandan sarup v. the district magistrate patiala and others 1966 p.l.r. 747 that failure of the district magistrate to record ..... might be 'directly and collaterally' challenged. observed krishna iyer, j. 'when a competent court holds such official act or order invalid, or sets it aside, it operates from nativity, i.e., the impugned act or order was never valid. the french jurists call it l' inexistence or outlawed order' etc. (6) .....

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